Braley Road residents get environmental law firm to battle solar farm

FREETOWN — Opponents of a proposed solar farm on Braley Road have retained a Boston law firm with environmental expertise in their battle to block the project.

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By DEREK VITAL

southcoasttoday.com

By DEREK VITAL

Posted Oct. 4, 2013 at 12:01 AM

By DEREK VITAL

Posted Oct. 4, 2013 at 12:01 AM

» Social News

FREETOWN — Opponents of a proposed solar farm on Braley Road have retained a Boston law firm with environmental expertise in their battle to block the project.

Representatives of McGregor and Associates will address a joint meeting of the Planning Board and Conservation Commission on Monday.

At a Planning Board meeting Tuesday night, the Rev. Curtis Dias, spokesman for the opponents, asked that the matter be continued to give the firm time to review the plans for the farm.

Dias, senior pastor of Calvary Pentecostal Church at 33 Braley Road, said the neighbors believe the law firm, with its extensive background in environmental law, can better express their concerns.

"It looks to me like an industrial commercial facility in a residential zone," said Dias. "I would like to be educated about the shadows of the panels and glare related to the moving of panels. I am concerned about the wetlands, wildlife and waterways."

After some discussion, the Planning Board decided to meet in joint session with the Conservation Commission at 6:30 p.m. Monday. With McGregor representatives already scheduled to speak at the latter meeting, the Planning Board opted for a joint session so that the legal team can address both groups at the same time.

The solar farm project has been in the works since August. The land is owned by Acushnet Saw Mill and will be leased to Borrego Solar, which will be responsible for construction and operation of the site. The town contracted with Environmental Partners to conduct site reviews at the proposed location. If approved, it will be the third solar farm located on Braley Road.

Plans for the 7-acre site have been altered to make the facility, which will be located near the southern end of the street between a Department of Public Works garage and 25 Braley Road, less obtrusive to neighbors.

Abutters have voiced concerns about the project, which they contend is not appropriate for their residentially zoned neighborhood. They said the solar farm will infringe on wetlands in the region and remove their natural barrier from Route 140.

Planning Board Chairman Robert Raymond said town bylaws allow solar projects in residential zones and added he believes that the applicants have been very cooperative in trying to address neighbors' concerns.

"The plan as submitted meets all town bylaws," said Raymond. "They are presenting a plan that shows good engineering practices."

At Tuesday's meeting, Borrego engineer Jared Connell said he hoped the matter could be wrapped up that night so site work can get under way.

"In my opinion we've reached a logical point of conclusion," said Connell. "I would think any attorney would come to the same conclusion we have already."

But Planning Board member Keven Desmarais said he preferred to err on the side of caution, giving the neighbors an opportunity to voice their concerns through their legal representative.

"I don't want to be in a position where we have to defend ourselves for not allowing citizen input," said Desmarais.

In 2005, the town of Freetown agreed to pay nearly $300,000 to Calvary Pentecostal Church, Dias and 22 other plaintiffs after claims of environmental racism in the Braley Road area. Nearly a dozen black and Cape Verdean families live on the road, which Dias describes as "the oldest community of color in Freetown."

The settlement came out of a 2003 U.S. District Court suit contending the town targeted Braley Road for industrial development and industrial zoning and failed to correct inadequate water pressure. As one example, residents said they were forced to pour water down their toilets to get them to flush.